HomeMy WebLinkAboutContracts & Agreements_121-2012_CCv0001-1.pdf AGREEMENT TO PERFORM AERIAL MAPPING AND
LAND SURVEYING SERVICES
This agreement for the provision of aerial mapping and land surveying services
("Agreement") is made and entered into this 26t" day of July, 2012 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Aero Tech Surveys
("Consultatif'). City and Consultant are sometimes individually referred to herein as a"Party"and,
together, as the "Parties." In consideration of the mutual promises contained herein, City and
Consultant agree as follows:
ARTICLE I -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform aerial mapping and land surveying services for
the City of Redlands' California Street Landfill (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to,the Americans with
Disabilities Act,the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 3 -RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Fred Cardenas,City's Quality of Life Director, as City's representative
with respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
ARTICLE 4-PERFORMANCE OF SERVICES
4.1 The term of this Agreement shall be for three(3)) years(the "Initial Tenn"),commencing
upon the Effective Date of this Agreement. City shall have the option to extend the
Initial Term for four(4), one-year additional terms (an"Extended Term")by providing
written notice to Consultant at lease ninety, (90)days prior to the expiration of the Initial
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Tenn or any Extended Term. The Initial Term and any Extended Terms are collectively
referred to herein as the "Term."
4.2 During the term of this Agreement, City may request that Consultant perform Extra
Services.As used herein. "Extra Services"means any work that is determined necessary
by City for the proper completion of the Services, but which the Parties did not
reasonably anticipate would be necessary at the time of execution of this Agreement.
Provided the Extra Services do not exceed twenty percent(20%) of the compensation to
be paid by City to Consultant for the Services, such Extra Services may be agreed to by
the Parties by written amendment to this Agreement, executed by a duly authorized City
official in accordance with Chapter 2.16 of the Redlands Municipal Code.Consultant
shall not perform, nor be compensated for, Extra Services without such written
authorization from City.
ARTICLE 5 -PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Ninety Thousand Dollars ($90,000). Consultant shall be compensated for the
Services at the rates and in the fixed amounts set forth in Exhibit "B," which is attached
hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month.Consultant's invoices shall include a brief description of the Services
performed,the dates the Services were performed,the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services.City shall pay Consultant
no later than thirty(30) days after receipt and approval by City of Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City Consultant
Fred Cardenas William F. Schmidt,P.L.S.
Quality of Life Director President
City of Redlands Aero Tech Surveys
P.O.Box 3005 6810 Airport Drive
Redlands,CA 92373 Riverside, CA 92504
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices and
payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 -INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until required insurance listed below is obtained by Consultant. Consultant shall provide
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City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (30)days' prior written
notice to City;provided, however, the policies shall allow for ten(10)days notice for
cancellation to City due to non-payment of premium.
6.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California, with an insurance carrier acceptable to City as
described in Exhibit ""C," entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
6.3 Consultant shall secure and maintain in force throughout the Term of this Agreement
comprehensive general liability insurance with carriers acceptable to City.Minimum
coverage of One Million Dollars($1,000,000)per occurrence and Two Million Dollars
($2,000,000)aggregate for public liability, property damage and personal injury is
required. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the
policy except upon thirty (30) days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
6.4 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars ($1,000,000)per occurrence, combined single limit for bodily injury
liability and property damage liability. This coverage shall include all Consultant owned
vehicles used in connection with Consultant's provision of the Services, hired and non-
owned vehicles, and employee non-ownership vehicles. City shall be named as an
additional insured and such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City.
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act, omission or failure to act by Consultant, its officers, employees and
agents in performing the Services.
ARTICLE 7 -CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income,interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
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A.Does not make or participate in:
(i)the making or any City governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii)the issuance, denial, suspension or revocation of City permits, licenses,
applications,certifications, approvals, orders or similar authorizations or entitlements;
(iii)authorizing City to enter into, modify or renew a contract;
(iv)granting City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v)granting City approval to a plan, design, report, study or similar item;
(vi)adopting, or granting City approval of, policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity,participate in
making a governmental decision or otherwise perform the same or substantially the same
duties for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests. Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE 8 -GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Records,drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City.Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk.
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8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor.Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees,except as herein
set forth.Consultant shall supply necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only,and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City.Consultant
shall have no authority, express or implied,to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied,to
bind City to any obligation.
8.5 This Agreement may be terminated by City, in its sole discretion, by providing thirty (30)
days' prior written notice to Consultant(delivered by certified mail, return receipt
requested)of City's intent to terminate. If this Agreement is terminated by City,an
adjustment to Consultant's compensation shall be made,but(1) no amount shall be
allowed for anticipated profit or unperformed Services, and(2) any payment due
Consultant at the time of termination may be adjusted to the extent of any additional
costs to City occasioned by any default by Consultant. Upon receipt of a termination
notice, Consultant shall immediately discontinue its provision of the Services and,within
five(5)days of the date of the termination notice, deliver or otherwise make available to
City,copies(in both hard copy and electronic form,where applicable)of design
calculations,drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been accumulated by Consultant in performing
the Services.Consultant shall be compensated on a pro-rata basis for Services completed
up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three(3)
years,or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference,represents the
entire agreement and understanding between the Parties as to the matters contained
herein,and any prior negotiations,written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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8.9 If one or more of the sentences, clauses.
, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction,the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses,paragraphs or
sections contained herein, unless to do so would deprive a Part), of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duty authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS AERO TECH SURVEYS
A
By: )%�'l B y: I S,
Pete Aguilar, Mayor William F. Schur t,,President
Attest:
Sam Irwin,C' Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
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California Street Landfill and Annual Scope of Work
One significant event that occurs annually at the landfill is the requirement of the current surface being in
compliance with the Santa Ana Regional Water Quality Control Board specifications. This is achieved by
means of aerial photogrammetric mapping and field surveying activities. The site is usually flown in the first
week of August and aerial imagery is acquired to document the current surface. Historically it was flown on or
before October 15, the beginning of the rainy season. The fly over was moved to August to allow time to
prepare, if needed,the surface for certification. A topographic map of the site is prepared from the imagery in a
manner consistent with National Map Accuracy Standards at an engin6ering scale of 1"= 40' showing contours
at a 1-foot interval. The current topographic map now becomes the basis for numerous diagrams. A slope
analysis is performed using state of the art software and engineering techniques.Problematic areas are identified
and field surveyed for verification and correction. Drainage diagrams are prepared. Volume calculations
representing the change in surfaces from present to previous year's surface are performed. Charts illustrating the
amount of refuse filled or remaining capacity can be prepared. These can also be compared to weekly or
monthly tonnage counts from the scale house database to monitor compaction techniques or periodic check on
estimated quarterly fill volumes. Ortho photo exhibits prepared from acquired imagery become a valuable tool
as a background to the engineered diagrams.All of the above are prepared by or under the duction a California
Professional Land Surveyor.
Photo Mosaic—C.S.L.2011 Phase-2 Weekly Refuse
Com action Area—C.S.L. 2011
Topographic Map with Volume Calculation Areas Sample Volume Table—C.S.L.
C.S.L. 2011
.j • J 'y: rr .r..w.
g,
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Other services that are needed throughout the year involve periodic staking for fill operations,periodic checking
of fill activities, locating underground infrastructure, marking boundary lines, construction staking, performing
boundary surveys, preparing official maps of the surveys, providing legal descriptions, coordinating activities
with outside engineering consultants for the City and meetings with City staff. Our firm specializes in providing
these aerial mapping and land surveying services. We take pride in providing an outstanding service and believe
in the philosophy of working together to achieve a common goal.
Record of Survey for City property near landfill Gas System Diagram—C.S.L.
by Aero Tech Surveys
fit WWAAF4
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Methodology
Whether it is Preparing for the annual mapping event, a meeting regarding property issues, performing a
periodic lift staking survey or analyzing data, the basis of efficient and error-free work is the same. The
beginning of any task starts with preparation of data. This could include research of archived data on file at our
firm, City data or record data at the County surveyors office. Once reviewed,the preparation begins for the next
step in the process. This usually involves an exhibit and calculations. Exhibits are prepared to scale and
illustrate the intent of the project at hand. Necessary calculations are made and double-checked prior to
conducting the field survey. Field work at the landfill is conducted with safety in mind and courtesy to the staff
as to not interrupt their operations. Hard hats and steel toed safety boots are worn on site, tailgate safety
meetings are held before work commences and continual observation for hazards are made by team members
and communicated openly to all personnel at the site. Mechanized equipment is constantly watched for and
given the right of way,trip and fall hazards exist, occasionally packs of dogs have been observed and reported
to landfill staff and once a swarm of bees set up during the day under a temporary tarp that after fire department
extermination was tested and found to be of the Africanized bee variety. Safety is always a concern and needs to
be on every ones mind while working at the landfill.
Aero Tech Surveys is fully capable of providing the services to the City as outlined in the RFP. This can be
illustrated by the service we have provided to the City since the mid 1990's. Our office is complete with staff,
equipment and software needed to accomplish any task asked of our firm. Computers are kept up to date with
annual updates of software. AutoCAD is the primary CAD software used for exhibits. However, we utilize a
variety of software, depending on the need, such as Microstation, Ten-amodel, KLT Atlas, Topcon Tools and
the typical Microsoft Office Suite products. We have four aerial mapping workstations,four CAD workstations,
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two secretarial workstations and all have internet access. We maintain an"On-Line File Folder"for sharing and
distribution of data with the City and outside consultants. Our field crews are equipped with two work trucks
complete with traditional survey supplies and equipment. We utilize Topcon Survey instrumentation, which
includes the GR-3 GPS, GTS 801 robotic total station and the GTS 311 total station. A Leica NA 2002 digital
level is also included.
Technical Approach and Scope of Work
Aero Tech Surveys, a Woman-Owned Small Business Enterprise, has assembled the most capable team
consisting of a professional Land Surveyor and technicians required to provide as-needed aerial mapping and
land surveying support services to the City of Redlands — Solid Waste Division. Starting with the Project
Manager, each member of our project team has been added not just for the unique skills they bring to the team,
but for the common desire in all of them—to provide quality service to our clients.
In the execution of our assignments,we embrace the following principles:
> Assign a Project Manager and technical support staff that possess superior qualifications directly relevant to
the project;
> Maintain continuity of our staff throughout the life of a project;
> Develop strict project specific quality control measures and enforce those measures throughout the life of
the project;
> Communicate effectively at all levels within our organization,with the client's project team and with
outside reviewing agencies;
> Coordinate aerial mapping, site surveying,volume calculations and exhibits;
> Conduct a thorough site investigation and verify field conditions;
> Ensure the project is completed,on schedule and within budget.
William F. Schmidt,PL.S,is the President and Professional Land Surveyor for Aero Tech Surveys is authorized
to make representations for the organization. Mr. Schmidt will also act as the Project Engineer on assigned
projects.
Aero, Tech Surveys is a corporation, founded on the commitment of giving individualized attention to our
clients. Our commitment is based on the belief that a total engineered solution is the result of a team effort
between the client and the consultant, developed through proactive leadership, effective communication and
responsive actions. This core belief creates a very customer oriented approach to our projects,thus placing our
clients as our most treasured resource.
Our goal is to satisfy our client's needs with cost-effective total engineered solutions that fully meet all mission
objectives. At the same time, we make a strong commitment to produce error-free work, utilize a continuous
improvement process, concentrate on prevention, rather than correction, and recognize the importance quality
I
control has on the success of a project.
Aero Tech Surveys prides itself on being able to look forward on a project while pulling from its experience to
foresee possible concerns. With our complete and thorough attention given to all tassks and assignments,we are
confident that we can develop the total engineered solutions for this project
We look forward to working with the City of Redlands Solid Waste Division and would very much like to provide
the as-needed aerial mapping and land surveying support services to the City.
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EXHIBIT "B"
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July 18,2012 4. AERIAL MAPPING
LAND SURVEY"iI G
A
T IV
AERO TECH SURVEYS
RE'California Street Landfill RFP—Cost Proposal A SCHMIDT Gcomaatic: Mapping Corporation
Woman Owned Sotaft Budam Enterprise
We are pleased to provide this cost proposal for the above mentioned RFP.
Annual Mapping: Based on past performance, we have determined that the budget for performing the annual
topographic mapping and volume ca culla onas event is S15 .00. This includes the ground control survey, flight
planning, acquisition of aerial imagery, aerial mapping, volume calculations comparing previous years' surface, digital
orthophoto and certification of compliance with Regional Water Quality Control Board requirements.
Un-Call Services: Based on past performance,we estimate a budget of$1,704.04 to$2,3ftOO a month for typical Maad
surveying activities for fill operations,miscellaneous on-call services,exhibits,and meetings which has included 1 a r
Record of Survey and Lot Line Adjustment costs.It is difficult to predict fixed fees for on-call services,but listed belo=w is
our schedule of fees for the full range of services that we provide.
Schedule of Fees—Cast Breakdown by Task:
CEO—Professional Services,PLS $110.00/hr
PLS:Deposition/Trial $220.00/hr
Photogrammetric Compilation $ 75.00/hr
Project Manager $ 85.00/hr
Draftsman $ 65.00/hr
Secretarial $ 65.00/hr
Two man Survey Crew $165.00/hr
Three man Survey Crew $225.00/hr
Four man Survey Crew $285.00/hr
Materials at cost plus 15%
Per Diem $200/day/person
Public Works Projects: (at Prevailing Wage x Net Multiplier of 2.5 per persons our
t ;
Aero Tech Surveys
By:
William F. hmidt,P.L.S., `dent
sc two , Trach
EXHIBIT `C'
WORKERS' COMPENSATION INSURANCE CERTIFICATION
TO PERFORM FOR THE CITY OF REDLANDS
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations,a certificate of consent to self-
insure,either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due
to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code §1861).
AERO TECH SURVEYS
.1 1
A
By:11
William F. Schmidt, P.L.S. Date:
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